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Home My WebLink AboutMN-NAC-2000 City of Ithaca-Natural Areas Commission Minutes August 14,2000 Present: Commission members: Beth Mulholland,Dick Fisher, Linda Butte11, Dan Hoffman, Harry Littell,Nancy Ramage. Ex-Officio members: Roxy Johnston, Gorge Rangers Ethan Erlich and Pete Rogers. Others: Aaron Couture. Absent: Crow Marley,Nancy Ostman,Josh Glastetter. Ex Officio: Andy Hillman, Joann Cornish 1. Announcements: Dan gave us copies of a letter he had written the new City Attorney about our concerns regarding our concerns about the lack of additional monies to cover needs at Ithaca Falls, as well as our possible liability as commission members. Joann Cornish apparently will not be attending our meetings any longer,which raises the question as to who will represent the Planning Department. Having adequate staff support, including from the Planning Dept, is a big concern for our commission. 2. Ranger report: Ethan and Pete listed the violations of the last month, including 10 alcohol infringements, 22 trespassing, 60-plus swimming,20 jumping, 30 nudity, 5 fire or camping violations, and a motorized boat in the reservoir for which they called the sheriff. At one point,there was a large crowd of high school students who refused to stop jumping off the cliff; the rangers "closed down" the area(temporarily) and made everyone leave. We then had a long discussion of dogs on leashes. There is a perception that enforcement of the leash requirement has not been as strict. From now on, the rangers will be stricter about this issue, at the commission's request. We discussed whether nudity and off-leash dogs should be added to list of "prohibited" activities in the natural area. Dan pointed out that when the "rules" were originally created, the commission's predecessor specifically addressed nude sunbathing and decided not to list it. Most members present felt that State laws regarding nudity should be enforced throughout the gorge, including at Potters Falls. No decision was made. The rangers will suggest additional signage for Potters Falls (regarding swimming),keeping in mind that signs tend to get taken easily. The commission thanked the rangers for their good work. 3. New bench Nancy suggested that we put a bench above the lower reservoir where there's a beautiful view toward the former Sincebaugh property, at the top of the meadow below Commonland. Beth suggested using the moneys from the Clausen memorial. Some suggested a stone bench. After discussion, the commission approved a recommendation to proceed with this idea, subject to commission approval of the final design of the bench. • Page 2 • Natural Areas Commission • 8/14/00 4. Ithaca Falls The commission expressed concern about the lack of improvements and the dangerous situation at Ithaca Falls (i.e. stairs falling apart, contamination from lead with no public signage). A subcommittee to look into Ithaca Falls will be convened by Beth Mulholland,with Aaron,Harry, and Roxy as additional subcommittee members. 5. Southwest Park Linda shared the minutes of the client committee that is working with the consultant on developing a"master plan" for the new Southwest Natural Area. At a public comment meeting, there was a proposal to locate an off-leash"dog park" there,but there were also a number of negative comments on the dog park idea. While the internal details of the consultant's proposals are generally acceptable, several members of the client committee(and members of the public who spoke) are very concerned about the effect of adjacent development on the natural area. Particular concerns are the need for a vegetative barrier on the developer's land; and adequate treatment of storm run-off. It appears that the city has been using the area for untreated run-off from Route 13 for years. Linda said that what isn't in the report is what's difficult. 6. South Hill Recreation Way- Fencing& Gates Dan reported that he and Andy met with Richard Schock, from the Town of Ithaca,to discuss our requests for new fencing and gates,where side trails lead off from the Recreation Way into the former Sincebaugh property. Rich indicated he felt the requests were reasonable and would be met. One new gate has been installed so far, across the "extension" of Juniper Drive,but it is non-opening,which is not what we had intended. Pedestrian access along that trail is now very difficult. 7. Entrance to Wildflower Area at 6-Mile Creek Beth passed out a sketch and chart of the entrance area, which we will discuss in more detail next month. 8. Old Wilcox Press site Dan relayed a report from Joann that the owner of the old Wilcox Press site is interested in selling. We all agreed that the City should insist on maintaining a public right of way through the site, along the creek(before any more construction occurs). 9. Adjournment We adjourned about 7:00 pm. Minutes taken by Nancy Ramage CITY OF ITHACA 111:A'Ca` . i• At; 108 East Green Street Ithaca New York 14850-5690 -�►.m: s m I, 0;/ OFFICE OF THE CITY ATTORNEY pq`*•-• •;Of Norma W. Schwab,City Attorney Telephone: 607/274-6504 !°bgpTEO_= Patricia Dunn,Assistant City Attorney Fax: 607/274-6507 Khandikile M. Sokoni,Associate Attorney August 30,2000 Daniel Hoffman, Chairperson Natural Areas Commission 306 Giles Street Ithaca,NY 14850 Re: Natural Areas Commission Dear Mr. Hoffman: I am in receipt of your letter dated August 10, 2000, regarding liability of NAC members in their capacity of appointed city officers. As we are all too well aware, in today's society no one is immune from a lawsuit, including lawsuits directed at individuals who volunteer in a public service setting. The City carries Public Officers Liability insurance, and whether or not the insurance would cover a situation resulting in an accident or injury to an individual would of course depend on what role the NAC member played in the incident. Regarding what liability the members might incur for any policies regarding the Six Mile Creek natural area that the City may ultimately adopt or enforce, it seems that the liability would be comparable to directors of, for example, a not-for- profit corporation in which those members face personal liability only if the member is grossly negligent. You also asked if the City indemnifies NAC members in any way. I refer you to Section 90-59 of the Code of the City of Ithaca which states that the City does "provide defense for its officers and employees ... in all civil actions and proceedings ... based on acts or omissions alleged to have occurred while the officer or employee was acting within the scope of his or her duties for the City of Ithaca." The procedural conditions of such a defense are set forth in Section 90-65 of the Code. K:\norma\letters\hoffman-ltr.doc "An Equal Opportunity Employer with a commitment to workforce diversification." 0 Daniel Hoffinan, Chairperson Natural Areas Commission August 30, 2000 Page 2 Hopefully this helps you in providing advice to your NAC members. Very truly yours, rn d.'frti"G,t,AL L-PaX-U-4 Norma W. Schwab City Attorney NWS/dmlt K:\norma\letters\hoffman-ltr.doc